LCW assessment

celyn
celyn Online Community Member Posts: 13 Connected
Hi all , I recently had a limited work capability assessment following 9 months of fit notes ( my original assessment was meant to be in October 22 but they failed to call me.after an apology it took them till the end of April to give me an assessment date (by which time my physical and mental ailments have both worsened) i had a message on my hour al saying
I was found capable of some work 
my work coach has applied mandatory reconsideration automatically she asked me first and I knowing nothing about it said yes I want to appeal so that is done . 
I am now wondering if the questions I was asked were based on my outdated uc50 form ? During this process I had a pip assessment and was found eligible for Pip 
i can’t understand how you can pass one and fail the other in a two week span 
I am seriously stressed out and anxious as what to do now I cannot physically do much I am awaiting on referrals fir both the nerve and muscle specialists since last October I feel so helpless any advice would be most greatful for 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    PIP is completely different to the work capability assessment and being awarded one doesn't automatically entitle you to the other.

    If you reported a worsening of health condition then you should have been referred for another WCA, when they do this you should have received a letter on your journal telling you that they're referring you. This will have then prompted them to send you more UC50 forms and you should have received them within the next week. If this didn't happen then i would definitely consider putting in a complaint.

    Have you had a look at the descriptors for LCWRA? If not you can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

  • celyn
    celyn Online Community Member Posts: 13 Connected
    Thankyou for your reply , yes a lot has been added since last September when I did that form by way of medication but not as by way of diagnosis I see what you mean though , maybe I can request a new form I’ll give the welfare right number a call first I feel like it’s such a shambles my work coach couldn’t tell me if the questions were formed by that original form but my condition then was only in one arm and now it is in both and I’m due for a neck X-ray next week I also suffer anxiety I genuinely hate universal credit I feel worthless
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,538 Championing
    You're not worthless @celyn :) I hope the x-ray goes okay for you next week. 

    Do keep us up to date with how things go with speaking to welfare rights, and if you need anything else, please ask!
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I wouldn't advise you to request a new form. As you were found fit for work then they will not accept any further fit notes unless they state it's for a significantly worsening of an existing condition or a completely different condition.

    You could have told them the changes to your medication during the assessment, as this isn't really a change of condition in itself. It's not about a diagnosis either. They are looking at your ability to do any type of work because it's about the work you can do and not the work you can't do.

    My advice is to continue with the MR and then Tribunal but do be aware they will not take into consideration and worsening of condition.
  • celyn
    celyn Online Community Member Posts: 13 Connected
    Thankyou I spoke with welfare rights and I have followed advice from then and requested 3 yes medical notes from my gp and will go ahead with tribunal 
    thus morning I received my transcripts from my WCA I cannot believe what I am reading !! It is a pack of lies if you were to believe what is written in this transcript I must be Houdini !! I absolutely must go ahead with the appeal . I need to find out if my phone call was recorded ? Does anyone here know? I hope to god that it was recorded because what I am reading here is unfathomable , 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited June 2023
    They are not automatically recorded. My advice to you about the assessment report that you mentioned is not to focus too much on what it says in there because that won't award you LCWRA. It's fine to point out a couple of obvious errors but then move on. Focus on the reasons why you think you should be found to have LCWRA and why.